Adjudicative Independence

A recent Court of Appeal for Ontario decision has affirmed a Divisional Court’s decision in favour of the Plaintiff setting aside a LAT’s decision that the Plaintiff had not met the threshold test for “catastrophic impairment”.  A new hearing has been ordered. The Court of Appeal states:  While it made no finding of any actual […]

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Foreign Money Claims Act

This article will focus on the Foreign Money Claims Act [RSBC 1996] Chapter 155 and it will largely quote from the case law.  Surprisingly, in over 25 years working in the legal profession, I have never had to reference the Foreign Money Claims Act “FMCA”.  The FMCA applies when conversion of foreign currency becomes relevant.  […]

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Fast Track Litigation

Fast track litigation in BC was introduced by the Supreme Court Civil Rules in July of 2010.  It combined former rules, Rules 66 and 68.  The benefit of Rue 15-1 is to have matters expedited in the Court system for a cost far less than a typical trial. Rule 15-1 applies to matters that may […]

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Accommodations in the Workplace

Under the legislation in B.C., the definition of “serious impairment” should be known by everyone who works in personal injury law.  Here is the definition as noted in the Insurance (Vehicle) Act [R.S.B.C. 1996] Chapter 231, Part 7 – Minor Injuries: “serious impairment”, in relation to a claimant, means a physical or mental impairment that […]

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